BASL in "hands off" policy over High Court Judge R. Kannan's removal
The Bar Association of Sri Lanka (BASL) this week decided not to get involved in recommending the removal of High Court (HC) Judge R. Kannan, whose appointment was opposed by the Judicial Services Association (JSA), saying, the removal of the judge now needs to be done only on the basis of disciplinary action recommended by the Judicial Services Commission (JSC) to the President.
This decision was taken consequent to a recent meeting of Senior Silks and Past Presidents of the BASL, to advise on the response to a request from the JSA.
One of the key recommendations also made was that, in the appointment of HC judges, to adopt transparent criteria including the consideration of the number of judgments written, and the quality of judg- ments i.e., if the Appellate courts have sustained those judgments etc.,
The meeting was attended by Ikram Mohamed P.C., Ajantha Athukorala, Upul Jayasuriya and Geoffrey Alagaratnam P.C. Views sent by K. Kanag-Isvaran P.C., Faiz Mustapha P.C. and Nihal Jayamanna P.C. were tabled at the meeting. Members considered the opinions expressed by the three P.C.s and unanimously accepted their views. They agreed that the BASL should not get involved in recommending the removal of an HC Judge who has been now appointed. This can only be done in terms of Article 111(2) of the Constitution, subject to the Disciplinary Control of His Excellency the President, on the recommendation of the JSC, the BASL members had observed.
Several other recommendations were also made by the members. Firstly, it was noted that the BASL has a duty and a right to look after the interests of the members of the Bar and to ensure quality justice, and in that, the BASL is entitled to make recommendations to the President, of eminent members of the Bar for judicial appointments.
Members of the Bar who have joined the Judiciary by way of direct appointments, have proved to be successful and eminent judicial officers and to, therefore, request the President to consider recommendations made by the BASL, from time to time, for appointments to the Judiciary.
It was further recommended to constitute an Advisory Committee comprising Senior P.C.s and Past Presidents to advise the BASL President in matters of importance.